Lecture 1: Criminal law is used for regulating social conduct. There are 4 manners in which to regulate social conduct.

1) Do nothing 2) Have informal social control (from family, peers, the community around you) 3) Formal Social Control ( egulation for non criminal offences, incentive structures such as ta! incentives "ith metro passes) #) Criminali$e certain conduct (illegal par%ing, homicide) Criminal law is used to distinguish crime from other prohibited or regulated conduct There are offences and there are crimes. &ffences' (ar%ing infractions, urinating in pu)lic, operating a hot dog stand "ithout a licence* Crimes' +rec%ing a car, %illing someone "hen speeding, mastur)ating in pu)lic* Criminal Law is used to regulate morality and define the limits of acceptable behaviour. +hat is moral and "hat is immoral, -t regulates the crimes that are immoral* -t also defines the )oundary )et"een moral and immoral conduct* . it/s a reflection of societal values* . "hat is accepta)le and "hat is not is )ased upon "hat the common feelings in society are* . there is a fluid )oundary )et"een "hat is accepta)le and unaccepta)le* . criminal la" ta%es a long time to respond to changes in societal values, and to alter the ideas of "hat is right and "rong )ased on these values* . it is the only "ay that society can justify long term imprisonment* . 0hings are criminalised in order to protect society* . 0he idea )ehind ma%ing something criminal is that if you punish people for doing certain things it "ill deter other people from acting in that manner* 0herefore it acts as a manner of deterring socially unla"ful )ehaviour* Parts of the Canadian Criminal ustice !ystem 1" Parliament #$ederal" . this enacts legislation and determines "hat is a crime* %" Police . the police then investigate into these crimes . the police are the ones "ho decide if a criminal charge should )e laid or not in Canada* &" Crown 'ttorney . the cro"n attorney decides "hat the punishment of the crime should )e* 4" (efence counsel . the defence defends the person "ho is accused of a crime . there is sometimes a defence counsel (a 1ury)

)" Court* udge . they render a verdict* 0hey also interpret the criminal code* . 0he court or the 1udge can determine the scope of the criminal la" depending upon ho" they interpret legislation* . they put meaning into the criminal code* Civil Law vs Common Law . Canada follo"s common la"* . this means that the 1udes are allo"ed to interpret the crimes* the higher up you go the more strict the interpretation is* 0herefore, the interpretation comes from the people* . 2udges have to a)ide y previous 1udges decisions . &n the other hand, civil la" is "hen there is a set la" depending upon the crime committed* 0here is no room for interpretation* Levels of court in Canada 1" +ntario Court of ustice #Provincial court" . 3o"est level of court . entry point for criminal 1o)s . most cases get resolved here* %" !uperior Court of ustice . more serious court, for cases such as murder or terrorism* . the only court that has 1ust trials for criminal trials* . can sit as an appeal court from the provincial court* &" Court of 'ppeal: . hears appeals in an indicta)le manner* . their decision is )inding over every lo"er 1udge4court* 4" !upreme Court: . something of national importance* . very rare to get into the supreme court . there are around 1555 cases a year that are su)mitted to this court, and only 155 are tried* . there is usually great history )ehind supreme court cases . the decision of the Supreme Court is )inding of all 1udges in Canada* 0he constitution of Canada states "hich po"ers are given to "hich government institutions* 0he federal la", not the provincial 6ov* is allo"ed to regulate criminal 1ustice systems* 0his is "hy they administer the 1udicial system* 0his helps to organise and maintain courts* s* 71 and 72 of the Constitution set out the po"ers of the Federal gov and provincial gov* S* 71 (28) is "hat gives the federal government e!clusive authority over criminal la"* Section 72(19) gives the provincial court authority to impose

punishments* 0herefore there is an overlap )et"een the federal and provincial courts* $ederal Criminal Legislation 0he criminal code of canada (ccc) "as first enacted in 1:72* it is amended from time to time* 0here is nothing in the ccc a)out drugs and su)stances* -nstead there is a different act %no"n as the ;controlled drugs and su)stances act; "hich contains all the drug related criminal offences* 0his "as enacted in 177< and divides different drugs into different schedules* -t replaces the =arcotics Control >ct* Different schedules have different levels of seriousness, and therefore the crime is more4less serious and the punishment is more4less serious depending upon the schedule* Categori,ing Criminal +ffences. . there are 3 %inds of offences* Different procedures apply to each offence and ho" they are treated )y the court system* 1) !ummary conviction offences this is the least serious offence* the ma!imum penalty is < months* -t involves the crimes on the lo"est end of the spectrum, for e!ample, small amounts of "eed, "ater s%iing at night, )ringing "eapons to pu)lic meetings* 2) -ybrid offences the ma1ority of offences are in this category (<5.85?) this is "here the prosecutor gets to choose "hether the case should continue as a summary offence or as an indicta)le one* e!amples are assault, se!ual assault, theft over @9555 3) .ndictable +ffences: these are the most serious offences, such as murder, terrorism or possession of cocaine* Limits on Criminal Law. 0here are 2 main sources of restrictions on the po"er to enact Criminal 3a"* 1" ! /1*! /% of the constitution. . the parliaments cannot ma%e anything a crime* 0he federal government does not have unlimited po"er to enact criminal la"* . courts do play a role in defining "hat sorts of things can )ecome crimes* %" The Canadian Charter of 0ights and $reedoms. . the (arliament cannot create a crime that violates any provision of the charter* So "ho can decide "hether the la" is "ithin the limits, udges. 2udges decide "hether criminal la" is out of the scope of section 71 or violates the Charter* 2udges can stri%e do"n la"s if they are ultra fires or violate the charter* refer' Aargarine eference Case'

. 0he court held that it "as ultra fires, )ecause it "as a matter of property and civil rights and that to )e a crime there has to )e a possi)ility of imprisonment* 0he act must )e prohi)itive and can )e evil4undesira)le4or have an in1urious effect on the pu)lic* . criminal la" is a)out' peace1 order1 security1 health and morality. 2 every time you loo% at a case you must loo% )eyond "hether a person is guilty or "hat crime they committed* Bvery decision must enforce the country/s values and moral and legal ideals and respect the constitution* -t must also respect the peace, morality, rode, security and health of the people* 0ole of the udge: . 2udges are allo"ed to interpret e!isting offences* . they can stri%e do"n legislation that is unconstitutional* . Ho"ever, they cannot create ne" offences* 0his is in s / of the ccc* =o person shall )e convicted of an offence at common la" and 1udges are bound by the decisions of higher courts. . case eg* Frey vs* Fedoru% (peeping through "indo" case) Frey "as acCuitted at a higher level )ecause there "as no la" against peeping and the 2udge "as not allo"ed to create common la"* Ho"ever, the CCC "as amended after this case to ensure that trespassing and harassing in a manner in "hich a person fears for their safety and privacy is illegal* Lecture %: Charter Limits on Criminal Law ule' (arliament is not entitled to enact criminal la" that constitutes an un1ustified violation of one of the rights guaranteed in the charter* . not all charter violations ma%e a la" unconstitutional* Section 1 of the charter says that it is su)1ect to such limitations as is 1ustified in a free and 1ust society* 0herefore, only un1ustified charter rights )ecome a pro)lem to consider (e*g* you can o"n slaves) !ection )%#1" of the constitution' . the constitution is the supreme law of Canada and any law that is inconsistent with the provisions of the Constitution is1 to the e3tent of the inconsistency1 of no force and effect. . the la" "ill only )e struc% do"n to the e!tent that it violate the constitution* 0he charter is a part of the constitution and therefore if a la" is inconsistent "ith the charter it may )e struc% do"n too* Procedural rights: -f someone is suspected of a crime, or is in custody, they are allo"ed these rights* 0hey tal% a)out "hat limits the "ay in "hich you are treated )y the forces* . Section :.1# !. 4: 5verybody has the right to be secure against unreasonable search or sei,ure !16#b": 5veryone has the right on arrest or detention to retain

and instruct counsel without delay and to be informed of that right. !ection 11#d": 'ny person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal. . the -6H0 of innocence is sho"n here* -t also forces the right to )e acCuitted if the Cro"n cannot prove you guilty* !ubstantive 0ights: !. %. 5verybody has certain fundamental freedoms. #a" $reedom of conscience and religion #b" freedom of thought1 belief1 opinion and e3pression1 including freedom of the press and other media communication >lso,, !ection 1)#1": 5very individual is e7ual before and under the law and has the right to the e7ual protection and e7ual benefit of the law without discrimination based on race1 national or ethnic origin1 colour1 religion1 se31 age or mental or physical disability. . su)stantively each of us has the right to not have la"s enacted upon us )ased on any of these enumerative grounds* . similar grounds for all immuta)le traits* . procedures that discriminate against any of these grounds are not allo"ed* =either is it allo"ed to ma%e something criminal )ased on these things* !#8" 5verybody has the rights to life1 liberty and security of the person and the right not to be deprived thereof e3cept in accordance with the principles of fundamental justice. 6uaranteed 3 rights' 1) 3ife 2) 3i)erty' the right to go a)out your )usiness "ithout any interference from the state 3) Security of the person' a protection over your o"n physical and mental integrity* . you have the right to ensue you o"n physical and mental "ell )eing* Dou have the right to certain medical care* . 0here are no a)solute rights* . they are all su)1ect to the second half of the clause. e!cept in accordance "ith the principles of fundamental 1ustice* . any criminal offence carries the potential of incarceration or some other punishment "hich is considered to )e a deprivation of li)erty* . therefore all criminal offences must conform to the principles of fundamental 1ustice or they "ill violate Principles of $undamental ustice: E Criminal law must not be overbroad 9 are the means chosen are :grossly disproportionate; to the objective< = >otice must me given of criminal offences = Criminal law must not be vague 9 are the provisions incapable of

meaningful interpretation by the Court = Criminal law cannot be arbitrary. .t must be aimed at protecting against harm to others. Protecting against self harm is not a valid criminal law purpose. = .nnocent people should not be punished o There is a generally held revulsion against punishment of the morally innocent = 'ccused has the right to control his or her own defence = Criminal justice system must not convict a person who was insane at the time of the offence s8 is only violated )y la" if it infringes on life, li)erty and security >=D is inconsistent "ith the principles of fundamental 1ustice . every piece of criminal la" runs the ris% of ta%ing your right to li)erty . does the offence conform "ith your principles of fundamental 1ustice, if then it is allo"ed, other"ise it violates S 8 Case in Point: 0 vs -eywood . Hey"ood is convicted of se!ual assault involving children, and )ecause of this offence he "as su)1ect to the la" saying that he "asn/t allo"ed near a school ground, playgroup, pu)lic par% or )athing area* . "as caught 2 times )y police in a par%* Ho"ever, S 187 infringes on S8 in 2 places 1) 3imits "here people can goF restriction to li)erty 2) Carries the potential for imprisonment F potential li)erty restriction* . found that this "ent against the principles of fundamental 1ustice "ent against this section* 0he section "as over )road* . the criminal la" carries "ith it significant implications in terms of stigma, penalties and long term conseCuences and so it cannot )e oversimplified or over )road* . the la" must also not )e vague* if the legislation is not understanda)le or is incapa)le of meaningful interpretation )y the court it is too vague* 0he 1udge has to )e a)le to ma%e sense of the la"* -arm Principle: . there is no consensus in respect of the harm principle . no consensus that only ;harm to others; is a )asis for criminal la" . harm to self is a legitimate )asis' so is moral harm* . protecting your health is a valid criminal la" purpose* 'rbitrariness: . Criminal 3a" cannot )e ar)itrary . la" "ill )e ar)itrary if it )ears no relation to, or is inconsistent "ith its o)1ective . possession offence is not ar)itrary . sufficient state interest in preventing harm to 1ustify criminalisation !ection&& . Charter ights are not a)solute*

. Section 33 is the not"ithstanding clause* . if the parliament says, in the legislation itself that "e are enacting a certain la", not"ithstanding section 2, 19 or 8 of the charter, it means that "e %no" that it violates charter provisions and "e are intentionally violating charter provisions* . these cannot )e struc% do"n as long as the parliaments says ;"e are violating your charter rights;* . these are only valid for 9 years, therefore they need to )e re.enacted every 9 years* 3a"s are only unconstitutional if' (a) they infringe a right or freedom guaranteed in the Charter >=D ()) the infringement cannot )e 1ustified in a free and democratic society under s1 ?urden of Proof: . in all criminal cases, the )urden is on the Cro"n to esta)lish guilt ;)eyond a reasona)le dou)t; . +hen legislation is challenged as ;unconstitutional; the )urden is on the applicant4accused to esta)lish the charter violation* . if successful, the )urden shifts to the Cro"n to 1ustify violation under S1 The gov. establishes whether a piece of legislation has violated charter rights using a 4 part test #the +a@es Test": 1" .s there a rational connection between the objective you are trying to achieve and the means chosen %" -as parliament chosen the means which impair rights as little as possible while still achieving the objective. a@a. infringe rights as little as possible. &" .s there a rational connection between the objective and the mean weAre loo@ing at 4" ?alance the interest of the state and violation of the charter rights. Challenges against the Charter: 1" Prostitution #0 vs ?edford" . it violates your right to li)erty and your security of person* . it forces people to choose )et"een engaging in la"ful conduct in an unsafe environment or )rea%ing the la" "hich is not correct* . it )rea%s your fundamental right to protect yourself* . the court agreed "ith these arguments and so their argument against the )a"dy house issue "as that having a )a"dy house creates neigh)ourhood disorder and does not provide safeguarding pu)lic health* . the court also agreed that it "as overly )road to suggest that the )a"dy house should )e allo"ed )ecause there are multiple issues and o)1ections "ith having )a"dy houses in certain parts of the country* . living off the avails of prostitution is not allo"ed )ecause "e do not "ant

to encourage pimps or have them e!ploited or forced and oppressed* . the o)1ect is the criminali$e and stop people from utili$ing the avails of prostitution for a)usive and oppressive )ehaviour* . again, the la" against living off prostitution is overly )road as it also stops people "ho "ant to aid prostitutes to do so* . communicating for the purpose of prostitution is not la"ful )ecause of the social discomfort and the traffic issues etc that it "ill cause* . not ar)itrary or overly )road* %" 'nal intercourse. 0 vs CB . even consensual anal intercourse is illegal* . it means that homose!ual males cannot engage in se!ual intercourse legally under the age of 1:* . it violates S 19 of the charter )ecause it discriminates on the )asis of se!ual orientation* . Aust go through the &a%es test* . the pressing and su)stantial evidence is to protect young people against activity that can lead to physical and psychological harm* . in theory this is a valid criminal la" purpose* Ho"ever it doesn/t ma%e sense that it is only criminalised under the age of 1: if it is a health ris%, . there is also no evidence to support tha if you threaten to send someone to 1ail, they "ill stop anal intercourse* &" Pornography #0 vs ?utler" . pronography is not illegal, o)scene pictorial4videographic4pu)lications are illegal* . o)scene materials such as the undue e!ploitation of se!, or of se! and any one or more of the follo"ing su)1ects, namely crime horror, cruelty and violence* 5ssential 5lements of the Criminal 'ct 5very Crime has % elements: 1" Physical element or actus reus . conduct or omission that ma%es up the crime* . one or more physical acts . in some cases, not doing something (or failing to do something) or omitting something can constitute a crime* . 0here may )e more than one physical act as a part of the actus reus of a criminal offense* -f the cro"n cannot prove the actus reus or the mens rea, then the act cannot )e proved* %" Bental element or mens era - state of mind that accompanies the act . intent, %no"ledge, foresight, rec%lessness

CrimeF >ct (acts reus) G Fault (mens rea) Physical element: . an act of commission or, in certain cases, an act of omission . that is voluntary . causes any defined conseCuences (set out in the Code) . committed in circumstances defined in the Code* =eed to read the Code carefully to determine the elements of the actus reus the Cro"n must prove* . conseCuences or causation is sometimes )ut not al"ays an essential element of a crime* !ection %41: 5veryone who: #a" counsels a person to commit suicide or #b" aids or abets a person to commit suicide. . "hether suicide ensues or not, is guilty of an indicta)le offence and lia)le for a term of imprisonment for a term not e!ceeding 1# years* !ection %%% . the cro"n has to prove that you commited an act that directly or indirectly caused the death of a person* . culpa)le homicide' a homicide "here you can )e held responsi)le "hen. 1) you commit an unla"ful act and it %ills someone* 2) criminal negligence 3) through e!tortion #) )y "illfully scaring someone to death Consent: . if you o)tain consent there is no acts reus of assault H=3BSS consent is o)tained through' (a) the application of force to the complainant or to a person other than the complainant* ()) threats or fear of the application of force to the complainant or to a person other than the complainant* ( c) fraud (d) the e!ercise of authority* (applies to all assaults and se!ual assaults) $raud: +hat must )e sho"n to esta)lish fraud, 1) Dishonesty' o)1ective test, misrepresentations or non.disclosure* 2) is% of Deprivation' need to sho" actual harm or loss* . must loo% at se!ual assault and aggravation* 0he ; easona)le (artner; test' "hat "ould a reasona)le parter do,

3imits to consent' . every)ody "ho aids a person to commit suicide "hether suicide ensues or not, is guilty of an indicta)le offence* 0HB BF& B' cannot consent to )e %illed* 0 vs obidon. 2 agreed to be in a fist fight 2 obidon thought they were agreeing to a Cfair fightC 2 Punched -aggart a number of times 2 obidon throughout he was just stunned 2 Continued to punch 2 -aggart died from head injuries. >ctus eus' usually involves an act of commission (positive act) . Iut can sometimes involve an act of omission (failure to act) . for omission to sufficient to esta)lish criminal lia)ility, there must )e legal duty to act . Criminal Code creates legal duties* . Failure to carry out legal duty F actus reus (eople vs Ieardsley . Ieardsley "as charged "ith manslaughter in the death of Iurns* . )een drin%ing together* Iurns as%ed someone to )uy her morphine, Ieardsley "as too drun% to stop her* &Ded, she )ecame unconscious, died* . Iurns "as charged on account of omission to do anything since she "as under his care* Dho is under Legal duty: !ection %1) #a" Parents 1foster parents or guardians. #b" spouse or common law partner E person under charge if the person is ill1 because of age1 mental disorder1 if the person cannot provide for themselves. %1)#%" a person commits an offence if they are under legal duty under subsection #1" and fails to act in this manner. and if the failure to act endangers the personAs life1 then they can be charged. legal duty F duty imposed by the law 0 vs Peterson: . (eterson "as living in the same house as his son* . his condition "as appalling* =o %itchen, no functioning "ashroom, no sheets on )ed* . Son "as (o"er of >ttorney . loo%ed after his father "hen it "as needed . he should have called social security if reCuired

. the man "as supposed to )e in charge of his father* Des, he should* $actual vs Legal Causation: . Factual' "hat happened to the victim . there has to )e a coincidence )et"een the time of the offence and the acts reus and the mens rea* . the the acts reus involves causation, 2 elements must )e proven 1) Factual' 0est* =othing to do "ith intention* 1ust, "hat happened* 2) 3egal causation' Has the chain of causation )een )ro%en* =ovus actus interveniens* 0 vs ?laue: ?laue stabbed Doodhead 4 times1 1 stab wound punctured her lung. Doodhead was a ehovahAs witness1 so she refused blood transfusion. died. -omicide s* 222(1) > person commits homicide "hen, directly or indirectly, )y any means, he causes the death of a human )eing* (2) Homicide is culpa)le or non.culpa)le (3) Homicide that is not culpa)le is not an offence (#) > person commits culpable homicide "hen he causes the death of a human )eing (a) )y means of an unlawful act ()) )y criminal negligence s* 23# Culpa)le homicide that is not murder or infanticide is manslaughter Bens 0ea . Aens ea is the intention )ehind committing a crime . +e do not punish people unless they act "ith some %ind of intention* . 0ells us a)out the rationales )ehind the punishment, . +e do not see% retri)ution for accidents* 0herefore there is only a rationale for imposing penal sanctions on someone "hen there is an intention )ehind it* Aens ea depends on the >ctus eus* . not usually set out in the criminal code* . there is no consistent language or specific meaning in the criminal code* it is all dependent on the case la" to determine "hat the mens era of a particular offence* . is connected to and depends on the acts reus* . once you %no" the actus reus, you %no" "hat the symmetical or general mens era is* . you have to have the intent to commit and act or fail to act in a particular case* . there has to )e mens rea in terms of the circumstance* 0he Cro"n needs to determine that there is %no"ledge a)out the circumstances and mens rea to"ards to"ards the conseCuence of the circumstance* . there doesn/t have to )e a specific desire for the conseCuence, you 1ust

have to %no" that the conseCuence is li%ely* e*g* S 2<9(1) > person commits and assault "hen (a) "ithout the consent of another person, he applies force intentionally to that other person, directly or indirectly* intentional application of force Gnowledge of the lac% of consent . mens era for the act itself is intent . intentionally apply force* "ith a lac% of consent* . you have to have @nowledge (either imputed or actual) in order to )e proved guilty* . if any of these are not proved, then it is not enough to get a conviction* % types of Bens 0ea: 1" !ubjective 2 re7uires the the accused actually intends or @nows the conse7uences and acts purposely #actual guilty state of mind" %" +bjective: 2 loo@s at what the accused would have @nown*understood 2 a reasonable person in the circumstance would have @nown1 would have intended1 would have appreciated the conse7uences of . lo"er level of Aens ea Ho" does one prove4disprove that there is o)1ective or su)1ective mens rea, 1) reasona)le inference from the "ords of the accused 2) reasona)le inference from the actions of the accused 3) reasona)le inference a)out "hat the accused foresa" #) testimony of the accused' accepted or re1ected* -f mens era is su)1ective, it can still )e proven )y reference to reasona)le (o)1ective) inference from the evidence* (+ >+T C+>$H!5 +? 5CT.I5 B5>! 05' D.T- -+D T+ P0+I5 B5>! 05'. The highest form of subjective mens era is CintentionalC. This means that either there is #a" a Conscious purpose to bring about the prohibited conse7uence or #b" the accused foresees the conse7uences as certain or substantially certain and acts in any event. There are & categories in which every offence is categorised: 1" 'bsolute liability offence: only actus reus re7uired. no mens rea. e.g. speeding tic@ets %" !trict liability : the prosecutor has to prove actus reus. The accused has to prove that they e3ercised all due diligence to avoid committing the offence. .f they canAt prove that they died to avoid committing the offence1 then they can be charged with only

actus reus #e.g. being 16m away from seal hunter" &" $ull Bens 0ea offence: the crown has to prove actus reus and mens rea. Motor Vehicle Reference #1/4J1 !.C.C." s. /4#1" ' person who drives a motor vehicle...while #a" he is prohibited from driving a motor vehicle under sections /61 /11 /% or /%.11 or #b" his driverKs licence or right to apply for or obtain a driverKs licence is suspended... commits an offence and is liable1 #c" on a first conviction1 to a fine....and to imprisonment for not less than 8 days and not more than J monthsL and #d" on subse7uent conviction1 regardless of when the contravention occurred1 to a fine....and to imprisonment for not less than 14 days and not more than one year. !. /4#%" !ubsection #1" creates an absolute liability offence in which guilt is established by proof of driving, "hether or not the defendant %ne" of the prohi)ition or suspension Burder1 Banslaughter and Bens 0ea: # steps to see if murder has occurred' 1" is there -omicide: ! %%%: > person commits Homicide "hen, directly or indirectly1 by any means he causes the death of a human being. %" .s the homicide culpable: -f the homicide is culpa)le then it is an offence* -f it is not (surgeon %ills you during surgery), then it is not an offence s. %%%#%" Homicide is culpa)le or not culpa)le #&" Homicide that is not culpa)le is not an offence #4" Culpa)le homicide is murder or manslaughter or infanticide #)" > person commits culpa)le homicide "hen he causes the death of a human )eing, (a) )y means of an unlawful act ()) )y criminal negligence &" .s it murder: s. %%/ J Culpa)le homicide is murder (a) "here the person "ho causes the death of the human )eing (i) means to cause his death, or (ii) means to cause him )odily harm that he @nows is li%ely to cause his death, and is rec%less "hether death ensues or notK or ()) "here a person, meaning to cause death to a human )eing or meaning to cause )odily harm that he %no"s is li%ely to cause his death, and )eing rec%less "hether death ensues or not, by accident or mista@e causes death to another human )eing, not"ithstanding that he does not mean to cause death or )odily harm to that human )eingK or (c) "here a person, for an unla"ful o)1ect, does anything that he @nows or ought to @now is li%ely to cause death, and there)y causes death to a human )eing, not"ithstanding that he desires to effect his o)1ect "ithout causing death or )odily harm to anyone * The @now or ought to @now for murder is considered unconstitutional and has been removed because of 0 vs Iaillancourt. s. %&6 Culpa)le homicide is murder "here a person causes the death of a human )eing while committing or attempting to commit high treason, treason or an offence under****section 285 (assault a peace officer), section 281 (se!ual assault), section 287 (%idnapping, forci)le

confinement), *** section 3#3 (ro))ery), section 3#: ()rea% and enter), section #33 (arson) whether or not the person means to cause death to any human being and whether or not he @nows that death is li@ely to be caused to any human being if (a) he means to cause )odily harm for the purpose of (i) facilitating the commission of the offence, or (ii) facilitating his flight and death ensues from the )odily harmK +0 (d) he uses a "eapon of has it upon his person (i) during or at the time he commits or attempts to commit the offence, or (ii) during or at the time of his flight and death ensues as a conseCuence* 4" step 4: s. %&1#1" Aurder is first degree murder or second degree murder (2) Aurder is first degree murder "hen it is planned and deli)erate (#) -rrespective of "hether a murder is planned and deli)erate on the part of any person, murder is first degree murder "hen the victim is (a) a peace officer (9) -rrespective of "hether a murder is planned and deli)erate on the part of any person, murder is first degree murder in respect of a person "hen the death is caused )y that person "hile committing or attempting to commit an offence under one of the follo"ing sections' (a) section 8< (hi1ac%ing) ()) section 281 (se!ual assault) (e) section 287 (%idnapping) (<*51) -rrespective of "hether a murder is planned and deli)erate on the part of any person, murder is first degree murder "hen the death is caused "hile committing or attempting to commit a terrorist activity* Party Liability: . many people may )e involved in a crime . everyone is a party to a crime if they commit the crime (a%a the principle) . if they aid: someone who helps in committing the crime or @nows about it in advance and does nothing to stop it. or abet: advice or encourage someone to commit an offence. . if 2 or more people have a common intention to carry out a crime, "hatever indic crime each person commits, )oth people are lia)le to )e charged as guilty for these crimes* . if you %ne" or ought to have %no"n that harm "ould )e caused to people as a conseCuence of the offence, you are also guilty, even if you didn/t commit the crime* . the only time this doesn/t count is murder* 'ctually commits it: . the person "ho commits the crime is the principle* . there can )e more than 1 principle* . even though one of the people in the group may cause the eventual harm, if multiple people are parta%ing in it, they are all the principal offender* Party: doing something or omitting to do something to aid or stop the principal: . if you do something or omit to do something in order to aid a person you are eCually responsi)le as the principal*

. don/t have to )e present "hen the crime occurs* . mere presence is not enough to ma%e a person party to a crime* Aust have the reCuisite mens rea or actus reus* Don/t need to %no" the specifics of the crime to )e a party to it, 1ust need to have the %no"ledge of the crime and the intent )ehind it* 'bets any person: . eCually responsi)le in la" as the principal* . if you a)et it means you instigate, promote or procure an offence* . mLre prMsence at an offence is not enough* you must have the intent to encourage* and you must %no" "hat the principal is intending to do* Common .ntention: . must formulate an intention in common* . have 1oint mens rea . people have to carry out steps in order to fulfil the common purpose* Bven if they never act out the particular offence ultimately* . have a plan and intention to help each other carry out the offence* . if another offence gets committed you are lia)le only if you must have @nown that the other offence was a plausible offence. . if you a)andon the common intention and are clear a)out it, then you have severed your liability for anything that occurs after that moment* -t has to )e an offence that is li@ely to be carried out in the course of the crime. 0 vs ?riscoe: Party liability and wilful blindness. was charged for murder1 ?riscoe was not a principal so could only be charged as a party for aiding and abetting. .f you aid and abet as a party you do something*omit to do something that encourages the principal. Gnowledge of an offence #murder in this case" can be proven by the way of wilful blindness. .ncomplete offences: . criminal la" is a)out preventing and prosecuting offences* . police po"ers of arrest4detention are premised on the commission of and offence* . (arliament has criminalised activities that are preliminary to a crime* 1" Counselling: Section 22(1)'+here a person counsels another person to )e a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, not"ithstanding that the offence "as committed in a "ay different from that "hich "as counselled* (2) Bvery one "ho counsels another person to )e a party to an offence is a party to every offence that the other commits in conseCuence of the counselling that the person "ho counselled %ne" or ought to have %no"n "as li%ely to )e committed in conseCuence of the counselling* 4J4. #a" every one "ho counsels another person to commit an indicta)le offence is, if the offence is not committed, guilty of an indicta)le offence and lia)le to the same punishment to "hich a person "ho

attempts to commit that offence is lia)leK and ()) every one "ho counsels another person to commit an offence punisha)le on summary conviction is, if the offence is not committed, guilty of an offence punisha)le on summary conviction* 0 vs aneteas #Contractor believed client was planning to have husband @illed. 0ecorded conversation between client and others. aneteas encouraged her and indicated that he was willing to ma@e necessary arrangements. Das charged with counselling. >ot Muilty". Counselling 'ctus 0eus: advised1 recommended1 instigated or encouraged the offender. Bens rea: intended to counsel. intended that the offence should be carried out. 0ec@lessness is not sufficient. %" 'ttempt: !ection %4. #1" Bvery one "ho, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence "hether or not it "as possi)le under the circumstances to commit the offence* Actus reus F any act that goes beyond mere preparation ta%en in furtherance of the attempt (not too remote) Mens rea F intent to commit the offence &" Conspiracy: !ection 4J). #1" B!cept "here other"ise e!pressly provided )y la", the follo"ing provisions apply in respect of conspiracy' #a" every one "ho conspires with any one to commit murderN is guilty of an indicta)le offence and lia)le to a ma!imum term of imprisonment for lifeN#c" every one "ho conspires with any one to commit an indictable offenceNis guilty of an indicta)le offence and lia)le to the same punishment as that to "hich an accusedK and #d" every one "ho conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punisha)le on summary conviction* Actus reus F formation of an agreement (common design) to commit an offence* Mens rea F intent to agree G intent that the common design "ill )e carried out* Parties do not need to intend to be part of carrying out the common design themselves. 0 vs (ery ("ere conspiring to ro) a liCuor store* =o real design, 1ust a fruitless discussion* Dou can/t charge someone for attempting conspire )ecause that "ould )e Aens ea alone and no >ctus eus) There is a problem of remoteness. 1" Criminal la" should only intervene after a plan or agreement is hatched %" Criminal la" should only intervene "hen there is a substantial ris@ of harm. 0 vs $ #2F a)etted his friends in planning their mother/s murder* "as charged for )eing a principal to the conspiracy )ecause you can/t )e a party to conspiracy* he aided in carrying out the unla"ful o)1ect )y %no"ing "hat they intended to do and helping them carry it out*) . if you conspire to commit murder you "ill )e charged "ith murder* Conspiracy ta%es place "hen the offence does not actually ta%e place* >s soon as people reach an agreement to commit the crime, they )ecome party to the crime* Bental .llness and Ioluntariness:

0o )e criminal, the act must )e a voluntary act* . must )e a conscious act . accused must )e capable of ma%ing a decision or choice* Ooluntariness )lurs the lines )et"een actus reus and mens rea. Meneral Prinicples: . accused cannot )e said to have committed the actus reus if their conduct is involuntary 0 vs Par@s. drove %&@m to in2laws house1 attac@ed and @illed mother2in2law1 seriously injured father2in2law. Charged with murder and attempted murder1 was sleep wal@ing at the time. People who are sleepwal@ing cannot thin@1 reflect or perform voluntary acts. % @inds of 'utomatism: 1" .nsane %" >on2insane . non.insane means you can )e acCuitted* (isease of the mind: (a) considered medical evidence ()) legal4policy considerations, internal vs e!ternal causes* continuing danger, ris% of recurrence* B!ternal causes* 0 vs !tone !tabbed his wife 48 times because she insulted himL he felt a CwooshC and when he focused again1 she had been stabbed. % step approach: #1" did the accused act involuntarily< #burden on the accused" the accused has to prove that it isn/t a disease of the mind* #%" is it insane or non2insane automatism: >on .nsane automatism: e!ternal cause, transient distur)ance of consciousness, no ongoing dangerousness or ris% of recurrence, actus reus not voluntary, resultF not guilty .nsane automatism: Disease of a mind, not a purely medical decision* 3egal, policy and medical element (e!emption from lia)ility, protection of the pu)lic) Presumption is that automatism is caused by a disease of the mind ( vs Stone) esult' >ot criminally responsible on account of a mental illness #s. 1J". potential for ongoing supervision. -f you are unfit to stand trial on account of mental disorder you cannot conduct a defence at any stage of the proceedings )efore a verdict is rendered and you cannot #a" understand the nature or object of the proceedings #b" understand the possible conse7uences of the proceedings or #c" communicate with the counsel. >C0: not ac7uitted and not convicted. !pecial status where you are under institutionalised control.

@now and appreciate are distinct concepts* 'ppreciate reCuires more than %no"ledge of the physical nature of the act* Aust understand the conse7uences (not penal ones) 0 vs +ommen1 @illed woman who had been living with him because he suffered from psychosis and believed that people were out to destroy him >C0 proved. 0 vs !wain2 accused attac@ed wife and children because he believed that they were being attac@ed by the devil. Danted to rely on the presumption he was sane b*c the accused has the right to control their own defence. Cro"n can only raise =C issue after the trier has decided the accused is otherwise guilty. & +ntario 0eview ?oard Ierdicts for =C ' 1" Detained in a forensic hospital %" discharged "ith conditions &" discharged a)solutely* Ierdict is reviewed once every year.